Chapter V - Offences and Penalties

Section 40

Section 40: penalty for obstructing Director, Controller or legal metrology officer.

Section 40 covers three kinds of obstruction of the Director, a Controller or a legal metrology officer. From 1 May 2026 it no longer states its own prison terms; the punishment is now governed by the Bharatiya Nyaya Sanhita, 2023.

Official text

On this page

Need advice on Section 40?

This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

Statutory text

Bare law

Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose shall be punished in accordance with the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

Introduction

The section has three limbs. The first is obstruction meant to stop or deter an officer from using powers or performing functions. The second is obstruction in response to something an officer lawfully did or tried to do. The third is obstruction of an officer's entry into premises to inspect or verify weights, measures, records, the net contents of packaged commodities or for any other purpose.

Before 1 May 2026 the section set its own punishment: imprisonment up to two years, and up to five years for a second or later offence. The Jan Vishwas (Amendment of Provisions) Act, 2026 removed those terms. The section now says the offender is punished in accordance with the Bharatiya Nyaya Sanhita, 2023 (BNS). It does not name a BNS section or give a figure.

Key takeaways

Three separate limbs

Only the first limb requires intent to prevent or deter the officer. The second limb covers obstruction in consequence of lawful official action. The third covers obstructing entry for inspection, verification or any other purpose.

Punishment now comes from the BNS

Since 1 May 2026, section 40 does not state its own prison term. It refers to the Bharatiya Nyaya Sanhita, 2023, so the applicable offence and punishment have to be worked out under that Code.

No improvement-notice step here

Many neighbouring Legal Metrology offences now start with an improvement notice. Section 40 does not. Its 2026 amendment only changed the punishment wording.

The three ways obstruction is caught

Intent limb: obstructing the Director, a Controller or a legal metrology officer to prevent or deter them from exercising powers or discharging functions.

Retaliation limb: obstructing an officer in consequence of anything the officer did or attempted to do in the lawful exercise of powers or discharge of functions.

Entry limb: obstructing an officer's entry into premises for inspection and verification of a weight or measure, related documents or records, the net contents of a packaged commodity, or for any other purpose.

What changed on 1 May 2026

The Jan Vishwas (Amendment of Provisions) Act, 2026, Schedule serial 66, item (R), replaced the words providing imprisonment up to two years (and up to five years for a second or subsequent offence) with a reference to punishment in accordance with the Bharatiya Nyaya Sanhita, 2023. S.O. 2103(E) dated 27 April 2026 brought serial 66 into force from 1 May 2026.

Conduct before 1 May 2026 may need to be assessed under the text then in force. Take advice on which version applies to past events.

Text note: the 2026 substitution

In the published Gazette, item (R) closes its quotation mark after the words "shall be substituted." instead of after "(45 of 2023)". The bare law above treats "shall be substituted" as the amending instruction, not as part of the new wording. Read the other way, section 40 would end with the words "shall be substituted", which makes no sense as a sentence.

This is our editorial reading of a printing defect. No government correction has been located. If an official corrigendum or consolidated text says otherwise, follow that.

Handling an inspection without obstructing it

Ask for the officer's identity and authority and note them down. Do not use the check as a reason to delay entry.

Keep a dated log of who attended, which premises, instruments and packages were examined, and which documents were handed over.

If you dispute the scope of the visit, record the objection in writing and raise it through counsel or the departmental hierarchy. Do not physically block the officer, lock premises or hide records.

Hypothetical example

A legal metrology officer arrives at a warehouse to check the net contents of packaged goods. The site manager is unsure the visit covers a second storage area. The manager notes the officer's authority, allows access, logs the packages sampled and writes to the department the same day questioning the scope. Refusing entry until a head-office reply arrived could fall within the entry limb. This is an illustration, not a decided case.

Cross references and limits

Section 40 punishes obstruction. It does not itself create the officer's powers of entry, inspection or seizure; those come from other provisions of the Act and the rules. Whether a visit was lawful can matter, especially under the retaliation limb, which refers to the lawful exercise of powers.

Section 41 deals separately with giving false information or false returns to the same officers.

Official sources

Practical checklist

Do

Brief reception and site staff on what to do when a legal metrology officer arrives.
Name one person who confirms the officer's authority and goes with the officer.
Record objections about scope in writing at the time of the visit and keep copies.

Avoid

Do not assume intent to deter is needed for every limb; the retaliation and entry limbs are framed separately.
Do not refuse or delay entry while waiting for internal approval.
Do not quote the old two-year or five-year terms as the current punishment.

Glossary

Obstruction: Conduct that hinders the Director, a Controller or a legal metrology officer in one of the ways section 40 lists, including blocking entry to premises.
Bharatiya Nyaya Sanhita, 2023: The general criminal code that replaced the Indian Penal Code. Since 1 May 2026, section 40 refers to it for punishment.

Frequently asked questions

Is intent to deter the officer needed for every kind of obstruction?

No. Intent to prevent or deter is part of the first limb. The second limb covers obstruction in consequence of lawful official action, and the third covers obstructing entry for inspection, verification or any other purpose.

What is the punishment under section 40 now?

From 1 May 2026, the section says the offender is punished in accordance with the Bharatiya Nyaya Sanhita, 2023. It no longer states the earlier two-year and five-year prison terms, and it does not name a specific BNS provision.

Why does this page mention a Gazette quotation error?

The 2026 amending text puts its closing quotation mark in the wrong place. This page reads the new wording as ending at "(45 of 2023)", because the alternative does not make sense as a sentence. Check for any official correction before relying on the exact wording.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 11 October 2026

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